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Despite the risk, some investors are attracted to stocks like these. The usual statement you hear is: I thought I d invest a thousand dollars on a flier. If I lose it, okay, but I might get lucky. In the vast majority of cases they don t get lucky, and the $1,000 is gone. Typically, the odds are better in horse racing or in a trip to Las Vegas, where they can at least get some entertainment for their money.
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The term penny stock generally refers to low-priced (below $5), speculative securities of very small companies. All penny stocks trade in the OTC Bulletin Board or the Pink Sheets but not on national exchanges, such as the New York Stock Exchange, or the Nasdaq Stock Market. Before a broker-dealer can sell a penny stock, SEC rules require the firm to first approve the customer for the transaction and receive from the customer a written agreement to the transaction. The firm must furnish the customer a document describing the risks of investing in penny stocks. The broker-dealer must tell the customer the current market quotation, if any, for the penny stock, and the compensation the firm and its broker will receive for the trade. Finally, the firm must send monthly account state-
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ments showing the market value of each penny stock held in the customer s account. For more information, read our Compliance Guide to the Registration and Regulation of Brokers and Dealers. You may also want to review the penny stock rules (Securities Exchange Act Rules 15g-1 through 15g-9). Before you consider investing in the stock of any small company, be sure to read our brochure, Microcap Stock: A Guide for Investors, available at http://www.sec.gov/answers/penny.htm.
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High-Pressure Sales Techniques Investment in a legitimate emerging company is long term. A good little company is usually not going to skyrocket in a couple of weeks. Building a sound company takes years; you have a few days or weeks to decide whether the investment is right for you. Blind Pools and Blank Checks Do not invest in any security without being told exactly how your money will be spent. Be sure you know which properties the company plans to buy with the offering proceeds and how much money is to be spent on management and promoters. Mismarked Trade Confirmations or New Account Cards Be very wary if your trade confirmation is marked unsolicited if your broker did, in fact, solicit the trade. While it may be a simple mistake, unscrupulous penny stockbrokers often mark the confirmation as unsolicited to avoid the registration laws and the fair, just, and equitable standard. Watch for misstatements about your net worth, income, and account objectives as well. Investing in penny stocks is speculative business and involves a high degree of risk. Often, brokers will enhance the new account card to make it seem that you are suitable for a penny stock investment when you are not. Unauthorized Transactions Be alert to placement in your account of securities you did not agree to purchase. In some instances a broker may try to pressure you into pur-
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chasing the stock, claiming that since you have the stock, you must pay for it. In some cases the broker is temporarily parking the securities in your account, perhaps to meet the minimum distribution of an IPO, or for any number of reasons. In some cases an unauthorized trade is simply a mistake, but in any case, complain immediately, both verbally and in writing to your broker, your broker s manager, and to the Securities Division. Buy Direct Sell to Whom Sometimes penny stock can be purchased directly from the company, but the company might not be willing to buy the shares back when the investor is ready to sell. Unless the investor wants to own a controlling interest and manage the company, the super-low-priced penny stocks are usually best avoided.
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